DHANANJAY RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THIS application has been filed against order dated 16.1.2007 passed in Sessions Trial No. 338/06 by the Additional District and Sessions Judge -cum -Fast Track Court No. II, Buxar, by which the petition of the defence dated 5.1.2007 filed under Sec. 311 Cr.P.C. for recalling of prosecution witnesses no. 13, 14 and 15 has been rejected.

(3.) FROM the order -sheet it appears that at 2.45 P.M. appearance of three witnesses were filed in the court and at 2.50 P.M. the accused was produced from jail. Thereafter, the prosecution examined the witnesses and their examination -in -chief was concluded. The defence was called upon to cross -examine the witnesses. However, senior counsel on behalf of the defence had already left the court and junior counsel appearing for defence had gone in search of him. This delayed the matter and since the counsel for defence could not come to court for cross - examination of the witnesses, the evidence of the witnesses was closed at 3.40 P.M. In the meanwhile learned junior counsel for the defence informed the court that as the senior counsel is not available in the court premises, the cross -examination of the witnesses may be deferred and he may be given time to cross -examine the witnesses. Learned junior counsel for the defence also filed a petition at 4.25 P.M. in the court for recall of the order of closing of the evidence of the witnesses and allowing time to the defence to crossexamine them.